Planning & Zoning Commission

MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF THE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION, HELD ON THURSDAY, MARCH 9, 2017 IN THE TOWN COUNCIL CHAMBERS LOCATED AT 1360 N. NIELS HANSEN LANE, LAKESIDE, AZ 85929 A. Call to Order Chairman Staley called the meeting to order at 6:00 p.m. Roll Call: The following Members were present: Adam Staley Chairman Richard Smith Vice Chairman Tim Williams Commission Member David Barnby Commission Member Mazie Hastings Commission Member John Salskov Commission Member John Jarchow Commission Member Also Present: Cody Blake Community Development Director Jill Akins Deputy Town Clerk Minutes of Planning and Zoning Commission Public Hearing and Regular Meeting – March 9, 2017 Page 2 B. Call to the Public Chairman Staley called for public comments. No comments were offered. C. Minutes Chairman Staley found one correction on page 2, last paragraph, of the January 26, 2017, meeting minutes February 9, 2016 should be February 9, 2017. Member Jarchow asked Community Development Director Blake for an update on how and when the motion was communicated to the Town Manager and Mayor and Council from the January 26, 2017, meeting motion he had made regarding the Town enforce the prohibition of prohibited signs, seconded by Member Williams, carried unanimously by the Commission. Community Development Director Blake answered it had not gone forth to Town Council at this point. He stated there was discussion between the Mayor and the Town Manager and they decided to hold off taking it to the Council at this time. He stated he did not know the reason for the hold. Member Jarchow stated this is a procedural question. He stated when the Planning and Zoning Commission takes action there is a possibility the Town Manager and the Mayor may choose not to forward the Commission’s recommendation to the Council. Community Development Director Blake stated it was his impression that the matter was put on hold for now and would not be forwarded to the Council. Member Williams said it was his understating that once the Commission takes action that passes it has to be forwarded on to the Town Council. Member Jarchow stated that was the point he was making. Community Development Director Blake restated that he had taken this motion to the Mayor and Town Manager and said they decided to hold off on the matter. Member Jarchow stated the meeting minutes and meeting recording would state the motion, and he also stated if it is in the Town Code it should be enforced and if it is not going to be enforced it should be removed from the Town Code. Member Jarchow asked if this was communicated to the Mayor and Town Manager. Community Development Director Blake answered this was communicated to the Mayor and the Town Manager. Member Jarchow said he believed it is very important if it is in the Code it should be enforced. Community Development Director Blake stated it was not a change to the Code but to enforce the Code. Member Jarchow said correct, and said he believed the previous Town Manager and previous Community Development Director decided not to enforce the feather flags. Member Jarchow stated he believed it is not the role of the Town Manager or the Community Development Director to decide this. Chairman Staley said the Town Council needs to provide a directive to staff for the purpose of enforcement. Member Jarchow said the Mayor, the Town Council, the Town Manager or the Community Development Director should not be able to decide what to enforce or not to enforce. Chairman Staley asked Community Development Director Blake to define who “they” are when he was told to hold off on the enforcement. Member Jarchow said prior Town Managers and prior Community Development Directors have selectively decided to Minutes of Planning and Zoning Commission Public Hearing and Regular Meeting – March 9, 2017 Page 3 enforce or not to enforce portions of the Town Code. Member Jarchow said that is not in the best interest of the Town or the citizens. Chairman Staley stated the Commission is set as a committee at the behest of the Town Council, and thought the Town Council has the authority to make the decision to ignore a recommendation or directive from the Planning and Zoning Commission. Community Development Director Blake said he would express the Commissions concerns to the Town Manager and the Mayor at his next meeting with them and report their response back to the Commission. Member Jarchow asked who the Mayor was at the time that decided not to enforce the feather flags. Community Development Director Blake said Mayor Rich Crockett. Member Jarchow continued to state that the Community Development Director at the time showed no opposition to this decision. Vice Chairman Smith stated, besides selectively enforcing the regulations, it would give the Planning and Zoning Commission the impression that what the Commission does could be ignored. Member Jarchow moved to approve the Minutes of the Regular Meeting held on January 26, 2017 as corrected. Vice Chairman Smith seconded the motion and the motion carried unanimously. Member Smith moved to approve the Minutes of the Regular Meeting held on February 9, 2017. Member Williams seconded the motion and the motion carried 6-0 with Member Jarchow abstaining since he did not attend the meeting. D. Staff Reports Community Development Director Blake stated Member Barnby, Chairman Staley, Vice Chairman Smith and Member Jarchow attended the Open Meeting Law Training. Community Development Director Blake stated the Planning and Zoning Commission tends to discuss items during a meeting that are not an agenda item, and stated only agenda items can be discussed during a meeting. Community Development Director Blake suggested for future meetings if a Commissioner has a topic to discuss contact him the Thursday before, or one week, before the meeting. Chairman Staley said it is his duty not to digress from the agenda during a meeting. E. Old Business No old business was discussed at this time. Minutes of Planning and Zoning Commission Public Hearing and Regular Meeting – March 9, 2017 Page 4 F. New Business F.2. Review and Discussion to Determine Possible Updates to the Town Code Title 17 – Zoning. Chairman Staley said he would like to go back to No. 39 “Easement” for clarification. 39. “Easement” would read: The right to a limited use of the land of another for a limited purpose. Chairman Staley stated definition review would continue beginning with No. 22 “Farm” 22. “Farm” - The statement will end at “purposes”. The rest of the statement would be deleted. 43. “Figure” - The entire statement would be deleted. 44. “Fill” – leave the statement as is. 45. “Finished Grade” – leave the statement as is. 46. “Flood Hazard Zone” – leave the statement as is. 47. “Floodplain” – leave the statement as is. 48. “Flood Prone Area” –Staff to research and/or leave as is. 49. “Floodway” – leave the statement as is for now, staff to research FEMA definitions for conformity. 23. “Floor Area” – leave the statement as is for now, staff to research FEMA definitions for conformity. 50 “Fuel Modification” – leave the statement as is. 24. “Garage, private” – end the statement with a period after “accessory” and delete the rest of the statement. 25. “Garage, public” – delete the entire definition. 51. “General Plan” – leave the statement as is for now, staff to check the A.R.S. numbers at the end of the statement. 26. “Grade” – no changes to a, b, c. d. Statement to read: “Any wall parallel or nearly parallel to and not more than five (5) feet from a property line is to be considered as adjoining the property. Staff directed to word search “street” in the document and consider replacing with “property line.” 27. “Guest” – definition to read: “Means any person who temporary rents or occupies a room. 28. “Guest ranch” – delete the entire definition. 29. “Guest room” – definition revised to read “means a room which is designed for guests for sleeping purposes, but having no cooking facilities. Definition to be addressed at a future date. Minutes of Planning and Zoning Commission Public Hearing and Regular Meeting – March 9, 2017 Page 5 Staff directed to research possibly adding a R1/R4 low single family dwelling zoning definition or statement for “Number of Dwelling Units on a Lot.” 30. “Home occupation” – sentence to end at 17.104.170. The last sentence in the statement would be deleted. 31. “Hospital” – the definition to read: “Means an institution for the diagnosis, treatment or other inpatient service of human ailments. The term “hospital” to include nursing homes and convalescent homes. 32. “Hotel” – move hotel/motel definition to lodging definition. Community Development Director Blake will encompass hotel, motel, bed and breakfast and lodging facilities into “lodging” definition. 33. “Hotel, Resort” – delete the entire definition. 7. “Boarding House” – delete the definition. 53. “Improvements” – no change to the definition. 54. “Improvement Plans” – remove “a set of” from the beginning of the first sentence. 55. “Improvement standards” – remove “a set of” from the beginning of the first sentence. 56. “Irrigation facilities” - delete the definition. 34. “Junk” delete the entire definition. 35 “Junkyard” – delete the entire definition. 36. “Kennel” – definition to read: “Means any establishment at which animals are bred or raised for sale, boarded or cared for. 57. “Ladder Fuels" – no change to the definition. 58. “Land/lot splits” – remove “improved or unimproved” from the sentence. 38. “Laundry Self-Service” – no change to the definition. 39. “Loading and unloading spaces” – remove “means a permanently maintained” from the beginning of the sentence. Come back for further definition review. 40. “Lodging House” - Change to “Lodging Facilities”. Come back for further definition review. 41. “Lot” – remove “any lot” from beginning of the definition and ending the definition with a period after “regulations.” 42. “Lot area” – the definition to read: “means a horizontal place within the lot of the property lines. 43. “Lot, corner” - remove “a lot which has an” from the beginning of the definition. 44. “Lot coverage” – Come back for further definition review. F.3. Discussion Regarding Any Future Agenda Items Chairman Staley stated the March 23, 2017 meeting would be cancelled. Tentatively April 6, 2017 is scheduled for a work session between the Town Council and the Planning and Zoning Commission following the regular Town Council meeting. The date for the next regular Planning and Zoning meeting would be April 13, 2017. Minutes of Planning and Zoning Commission Public Hearing and Regular Meeting – March 9, 2017 Page 6 G. Adjournment: There being no further business at this time, the meeting was adjourned at approximately 7:50 p.m. Adam Staley Chairman